Minutes - Council - 12/09/1997 - Laserfiche WebLink

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action cannot be taken now until the January 13 meeting. Additional notice will not be sent as the licensees are able to give comment this evening. Mr. Goodrich continued that after the last Council meeting, he had received correspondence from the attorney representing the Minnesota Grocer's Association. He summarized the correspondence from that attorney as well as a letter from the Governor of Minnesota and the League of Minnesota Cities Attorney. Mr. Goodrich pointed out the areas of language changes suggested by Council at their last meeting. The changes and discussion are as follows: Section 200, Subdivision 6 Vending Machine: add the language - "unless the machine can be controlled by an electronic device by an employee of the business". Section 800 Self-Service Sales - change the days for compliance from ninety to sixty. Section 1300 Penalties shall read as follows: (a) Misdemeanors. Any person who violates this section shall be guilty of a misdemeanor. (b) Administrative Civil Penalties; Individuals. Any person who sells any tobacco product to a person under the age of 18 years is subject to an administrative penalty; and any person under the age of 18 who attempts to purchase a tobacco product is subject to an administrative penalty. The city council may impose administrative penalties as follows: First Violation: The city council shall impose a civil fine of $500. Section violation within 12 months: The city council shall impose a civil fine of $750. Third violation within 12 months: The city council shall impose a civil fine of $1,000. Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devises, shall be (option includes fine up to $500, tobacco related education classes, diversion programs, community services, or other penalty the city believes will be appropriate and effective). (c) Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: First violation: The city council shall impose a civil fine of $500 and/or suspend for a period of ten days. Section violation within 12 months: The city council shall impose a civil fine of $750 and/or suspend for a period of 30 days. Third violation within 12 months: The city council shall impose a civil fine of $1,000 and/or suspend for a period of one year. Judy Eliason, 5221 - 147th Circle NW, Ramsey, who is a nurse, gave some statistics on tobacco related deaths and also on the number of youth smoking. She reported that Anoka County has the highest number of smokers and the highest number of teen-aged smokers in the seven-county metro area. She felt the ordinance should definitely be adopted and enforced. In her opinion, the penalties should be at least as stiff as what Council is discussing for both the seller and the licensee as it is up to the business owner to train their employees. With a strong penalty, the employer is more apt to make certain the employees are properly trained and understand how important compliance with this law is. Carrie Ann Olson, 7850 - 149th Lane NW, Ramsey, stated she has a problem with leniency for minors buying the cigarettes. She reported seeing 12 and 13 year old children smoking at the school bus stops. Councilmember Haas Steffen suggested that these minors should spend time in a hospice ward where people are dying from tobacco-related causes (e.g. lung cancer). She stated she would be willing to give them 500 hours of community service. City Council/December 9, 1997 Page 8 of 18